To avoid losses due to conflicts with employees, the employer must use strictly defined forms of documents - acts, orders, contracts. They need to be signed on time and sent to the employee in a certain way.
Necessary
Fundamentals of knowledge in the field of jurisprudence
Instructions
Step 1
Draw up a contract for the hiring of an employee, in which, in addition to the rights and obligations of the parties, describe all possible conflict situations, terms and procedures for their settlement. For example, situations with maternity leave or injury at work. What payments do you provide, in what time frame, and what regulatory documents are required for this.
Step 2
In case of a conflict with an employee, first of all, work out a legal position. It is necessary to prepare a set of documents that confirm your position. These can be employment contracts or safety instructions signed by an employee, testimony from other employees. As a rule, such situations arise after the inspection of the organization by state authorities. If the employee did not send his complaint to you, but immediately turned to the prosecutor's office or the State Labor Commission, then legal proceedings are inevitable. To do this, be sure to use the services of a lawyer.
Step 3
Check the timing of the employee's contact about the conflict situation. They are clearly stipulated by the Constitution of the Russian Federation and signed by the employee in the employment contract. For example, according to Art. 392, an employee can apply for the resolution of an individual labor dispute within three months after he learned or should have learned about the conflict. Also, the terms for resolving conflicts in the issue of dismissal are stipulated. The employee must challenge the decision within one month from the moment he received a copy of the dismissal order or after the issuance of a work book.
Step 4
Submit a counterclaim to the employee. There are a number of situations that allow you to do this. For example, the infliction of property damage by an employee to an organization or disclosure of commercial secrets.
